When queries through an rti is denied based on section 8(1)(j) of the rti act, is there another way of getting this information from the concerned public authority and the department ?
3 Answers
Dear sir, as per your query
Yes, you can still get the information even if RTI is denied under Section 8(1)(j).
Under section 8(1)(j) of the RTI Act, stops sharing personal information like address, medical, nominee, etc. But in a maintenance case, courts allow it.
Other legal ways to get this information:
- File application before the Family Court: Under section 151 (Order XI of CPC)
File First Appeal in RTI.
For further details, feel free to contact our OLQ Team for a detailed discussion.
Dear Client,
I understand your legal query, based on your issue, I would like to suggest my valuable opinion to you. That there is no alternative option of obtaining such personal information regarding your Husband from the concerned public authority or department, as these details are considered confidential and providing it would constitute piracy. As you have an ongoing maintenance case, if the case is filed under 144 Bharatiya Nyaya Suraksha Sanhita,2023 (BNSS), then you can file an application under Section 94 of BNSS before the concerned court, praying for the summoning of the documents mentioned by you and if the maintenance case is filed under any Civil law, then you can file an application under Section 151 of The Civil Procedure Code,1908 and approach the concerned Court to direct the husband to produce his statutory documents.
For further legal assistance, feel free to contact us.
OLQ LAW FIRM
Dear Client,
Government officer's spousal/dependant details and nominees' details, LTC/Family travels' details, medical card details, immovable property details, income details, passport/visa verification details, address details, and identity documents details are typically personal details which do not fall within the purview of the Right to Information Act of 2005 as per Section 8(1)(j) of the said Act unless there is sufficient public interest to override the confidentiality. Merely because the applicant happens to be a spouse of the officer or maintenance action is on the footpath, she cannot ask for the disclosure of such personal details as per RTI Act. If the documents are required in connection with the maintenance proceedings, then the correct procedure would be to ask for them in those proceedings.
I hope this helps and if you have any further issues do not hesitate to contact us.